THE THEORETICAL AND PRACTICAL APPROACHES TO THE DEFINITION OF THE ESSENCE OF THE STATE RECOGNITION THEORIES IN MODERN INTERNATIONAL LAW

The article examines the main provisions of the theories of the international legal recognition of states and the problems, which arise according to their practical application for the international community of nations. The author's special attention is concentrated on defining their advantages and disadvantages. The author makes a comparative study of the provisions which form the basis for the declarative and the constitutive theories of recognition of states. On the basis of the achieved conclusions the author determines implications of the practical application the provisions which are specific to both of the theories. The author makes an attempt to justify the need for combining both elements, taking into account existing international legal rules and the real States' practice of recognition. The author examines the recognition criteria, which are embodied in the international legal rules. The author examines legal nature of the international legal rules which contain in the searched source of international law. The author determines their degree of impact on the management of state-to-state relations which are related to the process of the international legal recognition of states. The author focuses on influence of the fundamental principles of international law on the mechanism of the international legal recognition of states. The author emphasizes applicability of the mixed theory, which is not only theoretically substantiated but also regulatory approved. The conclusion is that the recognition should be considered as the Statesʹ duty, which does not circumscribe the sovereignty. It conforms to the requirements of the fundamental principles of international law and it is also directed to performing them as ones which have supreme legal force. This treatment accommodates the interests of both existing states, which are interested in preservation of peace and mutually profitable partnership, and newly created states, allowing to realize their rights in the field of international communication.